Estate Distribution
If someone dies without a Will, the rules of intestacy apply. These rules govern the distribution of assets of a deceased person to his or her spouse, civil partner, children or other close relatives according to a formula set down by law. Other people who believe they have a claim to the person's assets must apply to the court. A judge has the discretion to determine whether your claim is valid.
The London intestacy solicitors at Rollingsons advise and represent clients who wish to pursue a claim against the estate of a person who dies without a Will.
Who Cannot Inherit Where No Will Was Made?
Under the rules of intestacy, the following people have no right to inherit where someone dies without leaving a Will:
- Unmarried partners
- Same-sex partners who are not in a civil partnership
- Relations by marriage
- Close friends
- Carers
We endeavour to show the court that if the deceased person had made a Will, he or she would have provided for our client in the Will. We do this by showing evidence of the relationship between the deceased person and our client.
For example, we may be able to show that the deceased and our client lived together as a couple for five years prior to the death, that they shared a joint bank account and bought a home together.
Inequitable or Unfair Distribution
In addition to representing those who have no inheritance rights, we represent family members who believe they have been treated unfairly under the rules of intestacy. For example, if one sibling had given up her career to live with and care for her mother during her declining years, she may expect to inherit more than other siblings who contributed little if anything to their mother's care.
In some cases, we may show that there was a verbal agreement that the house or certain assets would go to the person who provided ongoing care. In other cases, we may represent the other siblings, who believe that their mother would have wanted her estate divided equally among her children.
There is no fee to discuss your legal issue with one of our firm's experienced UK solicitors. To arrange your free initial consultation, please call 080 8159 5251 or contact Neil Acheson-Gray, Head of the Department, electronically.
